N. Ramesh Babu, vs The State Of Andhra Pradesh,
2022 Latest Caselaw 8886 AP

Citation : 2022 Latest Caselaw 8886 AP
Judgement Date : 21 November, 2022

Andhra Pradesh High Court - Amravati

N. Ramesh Babu, vs The State Of Andhra Pradesh, on 21 November, 2022

       THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

                WRIT PETITION No.29234 OF 2022

JUDGMENT:-

1.     Heard Sri P. Narahari Babu, learned counsel for the

petitioner,     learned      Government         Pleader      for    Municipal

Administration, representing respondent Nos.1 and 3, Smt V.

Padmaja, learned Assistant Government Pleader for Finance,

representing respondent No.2 and Sri G. Naresh Kumar,

learned counsel representing the respondents 4 and 5.

2. With the consent of the parties counsels, the writ petition

is being disposed of finally at this stage.

3. This writ petition under Article 226 of the Constitution of

India has been filed for the following relief:-

"It is therefore prayed that this Hon'ble Court may be pleased to issue a writ order or direction more particularly one in the nature of Writ petition the action of the respondents in not paying pending admitted bills to the petitioner for the work Providing CC Road at various Cross Roads in Bavisettivari Peta towards Chenchilla Colony ST area in 3rd Division of Eluru Municipal Corporation vide agreement No. 355/2018-19 dated 4.12.2018 in favor of the petitioner even though completed the entire work with in stipulated time is illegal and arbitrary and violative of articles 14, 16 and 21 of constitution of India and consequential direct the respondents to clear the pending bills pertaining the work agreement No.355/2018-19 dated 4.12.2018 and pass such necessary orders."

4. Learned counsel for the petitioner submits that the

petitioner completed the works to the satisfaction of the

respondents within the stipulated time under the agreement by

engaging the men and machinery. The respondents are not

justified in withholding the amount payable to the petitioner.

Such action on their part is illegal and arbitrary.

5. Smt V. Padmaja, learned Assistant Government Pleader

for Finance on the basis of instructions submits that the

Finance Department has released the required amount and the

bills are to be prepared and to be uploaded by the HoD for the

present writ petition and after receiving the bills, the same will

be cleared on priority basis.

6. Sri G. Naresh Kumar, learned counsel representing the

respondents 4 to 5 submits that the respondent No.4 shall

resubmit/upload the bills again in CFMS website within a

period of two (02) weeks from today.

7. However, considering the submissions advanced by the

learned counsels for the parties/and after recording the stand of

the respondents as submitted, the writ petition is being

disposed of finally with the following directions:-

a) The 4th respondent shall resubmit/upload the bills of the

petitioner for the work in question, in CFMS portal within

two (02) weeks from today;

b) The 2nd respondent, shall within a further period of eight

(8) weeks shall release the amount payable, to the

petitioner, on due verification and scrutiny as per the

procedure, if there is no other legal impediments in

making payment.